{"id":51170,"date":"2022-01-16T12:48:10","date_gmt":"2022-01-16T17:48:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51170"},"modified":"2022-01-16T16:02:48","modified_gmt":"2022-01-16T21:02:48","slug":"ks-passenger-had-no-standing-in-car-he-bought-for-girlfriend","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51170","title":{"rendered":"KS: Passenger had no standing in car he bought for girlfriend"},"content":{"rendered":"\n<p>The fact defendant paid for the car for his girlfriend but was a mere passenger at the time of the stop was not enough for standing under Byrd. He still had no reasonable expectation of privacy in it. <a href=\"https:\/\/www.kscourts.org\/KSCourts\/media\/KsCourts\/Opinions\/122253_1.pdf?ext=.pdf\">State v. Scheuerman<\/a>, 2022 Kan. LEXIS 8 (Jan. 14, 2022), rev\u2019g in part, aff&#8217;g in part 60 Kan. App. 2d 48, 486 P.3d 676 (2021):<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Scheuerman&#8217;s arguments demonstrate neither a right of lawful possession nor control of the vehicle. While the evidence showed he paid for the car, the car nevertheless belonged to his girlfriend, Finnigan. Finnigan, not Scheuerman, was driving the car at the time of the stop, and Scheuerman presented no evidence that he had any right to control the car or to exclude others from it at any time. And while some of Paden&#8217;s testimony could support an inference that Scheuerman had used the vehicle in the past\u2014at least enough to be associated with it by law enforcement\u2014that alone does not support a finding that Scheuerman had a reasonable expectation of privacy in the car. Consequently, we affirm the panel&#8217;s conclusion that Scheuerman lacked Fourth Amendment &#8220;standing&#8221; to challenge the search.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>The fact defendant paid for the car for his girlfriend but was a mere passenger at the time of the stop was not enough for standing under Byrd. He still had no reasonable expectation of privacy in it. State v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51170\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[18,34],"tags":[],"class_list":["post-51170","post","type-post","status-publish","format-standard","hentry","category-reasonable-expectation-of-privacy","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51170","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=51170"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51170\/revisions"}],"predecessor-version":[{"id":51172,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51170\/revisions\/51172"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51170"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51170"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51170"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}